Damage Waiver for Non-Account Customers

All non-account business is transacted under Hire Association Europe Terms & Conditions. These are clearly printed on the reverse of the Contract that all clients will be asked to sign at the time of every transaction. Hirers should read these Terms & Conditions before signing. Responsibility for loss and damage passes to the hirer during the time that the goods are in his possession or custody as defined in the Contract. In the course of business a Trader will normally insure this risk but individual consumers do not usually have access to a suitable insurance policy. [Household Insurance policies do not normally provide the cover needed but it is worth checking with your insurers]. CLEMENTS require that non-account customers pay an increased hire charge in lieu of a DAMAGE WAIVER unless they provide written evidence that they already have suitable insurance in place to cover loss or damage to the hired goods up to the value of £25,000.

Payment of an increased hire charge in the absence of the Hirer not being able to provide evidence that they do already have suitable insurance will entitle them to a DAMAGE WAIVER so that in the event of loss or damage in the circumstances detailed in paras 1 to 3 below, the Hirer will be held harmless for all costs and expenses incurred as a result of such loss or damage other than for the excesses shown. The risks are:-

1. Total or partial theft of the hired goods.
2. Criminal damage to the hired goods caused by a third party.
(In both 1 & 2 excess of £200 applies to each item valued at over £1,000).
3. Accidental damage to the hired goods when in proper use. (£50 Excess on each claim).

In the cases of 1 & 2 Normal security measures such as locking machines and removing starting devices must be undertaken. Except in the case of accidental damage caused by you each and every event in these categories must be reported promptly to the police and a crime/incident reference obtained by the hirer. Otherwise you may be fully liable. Item 3 does not cover damage caused by unreasonable, reckless or negligent operation. Nor does it cover any damage to other property.

IMPORTANT INFORMATION FOR NON-ACCOUNT CUSTOMERS
Clements appreciate that the majority of non-account customers will not have the same experience or familiarity with hired equipment than that which we would expect with a professional trade user. We are anxious to ensure that every hire transaction is a safe one and would urge hirers to be aware that modern tools and machines are capable of causing damage and injury if they are not used correctly within a safe and planned environment. For safety reasons many types of equipment when used by professionals (ie: at work) may only be operated by someone whose competence has been verified by formal training. There is no such legal requirement when used by a private individual on their own property but common sense and duty of care to yourself and others should be an absolute priority. It is essential therefore that before using any hired equipment that the operator has complied with the following advice and feels confident that he/she is familiar with the control functions of the equipment.

1. It is best practice for the person who will use the equipment to collect it or be present if we deliver. With some more complex machines we will insist on this as a term of the hire. Never start any machine unless you know how to stop it!
2. We always issue appropriate instructions & safety notes. Never use any equipment until you have read these and comply with them even if you have used a similar item before.
3. We will demonstrate all functions and controls before handing over the equipment to you. If you are unsure of anything please ask.
4. Always wear the personal protective equipment (PPE) that is advised in the instructions. Clements can supply this if you do not already have it.

Please remember that the Damage Waiver does NOT cover damage to your or anyone else's property. Experience shows that incidents of damage to the hired equipment are very often much lower in value than claims for damage to property. If you intend to use the hired equipment on property belonging to someone else we would advise that you take specialist advice regarding potential liability problems. Please be aware that any equipment that can excavate or probe below the ground may cause damage to underground services either directly or adjacently. You may be held liable for repair to any damage to services and this can be VERY expensive. Always check before digging. Be aware that overhead working whether from towers or access machines should be planned and executed carefully. Clements offer a survey service to advise on the most suitable access equipment for individual jobs. Unless you are experienced we strongly advise that you use this free service. NEVER carry passengers on any self-propelled plant. Hired equipment is only suitable for use by an able bodied adult. Please keep children and pets clear of all work areas. Finally, we want your hire to be a safe and productive one, if anything does occur that causes the hired equipment to fail to perform correctly it is a condition of the contract that you must stop using it and advise us at the earliest possible time. We will do our utmost to resolve any problem as quickly as possible.